Cellmate: Mazzaglia plotted to escape jail, have witnesses killed

Monday

Jun 2, 2014 at 8:59 AMJun 2, 2014 at 6:49 PM

DOVER — A former cellmate of Seth Mazzaglia, the Dover man accused of raping and killing a UNH sophomore in 2012, testified Monday that Mazzaglia asked him to help arrange the murder of two key witnesses in his trial and aid him in a “meticulously” detailed escape from prison.

Kyle Stucker

DOVER — A former cellmate of Seth Mazzaglia, the Dover man accused of raping and killing a UNH sophomore in 2012, testified Monday that Mazzaglia asked him to help arrange the murder of two key witnesses in his trial and aid him in a “meticulously” detailed escape from prison.

Ryan Bachman told Strafford County jurors on Monday that Mazzaglia asked him if “knew some people who could be paid off” to “go and kill” two individuals who were in Mazzaglia's apartment the night Mazzaglia allegedly strangled 19-year-old Elizabeth “Lizzi” Marriott with a rope and suffocated her with plastic bags after she refused to participate in a sex act.

“If they were killed or weren't in the picture, he said there wouldn't be much of a case against him,” said Bachman, testifying that Mazzaglia also gave him the witnesses' addresses.

Bachman, who shared a jail cell with Mazzaglia in December 2012 and again in January 2013, said he didn't agree to help Mazzaglia with murdering the witnesses, although he testified Monday that he did lead Mazzaglia to believe that he would help Mazzaglia with his armed, multi-car escape from a prison medical ward.

Mazzaglia told Bachman, according to Bachman's testimony on Monday, that Mazzaglia had about $1,000 in his bank account. Mazzaglia reportedly told Bachman that upon Bachman's first release from jail on Dec. 24, 2012, that he should use those funds to “sell drugs” and “do whatever” he could to “turn it into guns and more money” to fuel Mazzaglia's escape.

“He said he had close to $1,000 in his account and he wanted me to take that $1,000 and buy and sell drugs and turn that into $5,000 to $10,000 and (use that money) for the escape plan,” said Bachman.

Bachman said Mazzaglia told him he could obtain an ATM card to access the funds by taking written and coded plans about the escape and other materials to Katherine “Kat” McDonough, a Portsmouth resident and Mazzaglia's former girlfriend who is serving prison time for her role in Marriott's death and is expected to testify against Mazzaglia.

Bachman said he did just that, although rather than follow along with the plan, he used the ATM card to “drain” Mazzaglia's account to buy heroin for his own use.

“I didn't feel like I was harming any saints in the world,” said Bachman, who said he has since gone through “extensive” work to kick his drug habit. “I was in there with someone who was clearly psychopathic. I just wanted to get out there unscathed. So yeah, when I left I took the (expletive) money and (purchased heroin). … I didn't think I was doing any disservice to the public (by taking Mazzaglia's money).”

Bachman was arrested again in January 2013 and again was placed in the same cell as Mazzaglia. Bachman said Mazzaglia questioned him about the missing money, and Bachman testified that he told Mazzaglia the money was “stolen” and that the initial plan didn't work out.

Because of this, Bachman said Mazzaglia sent him — after Bachman was released from prison again a few days following his second arrest — to get additional money from McDonough. He said McDonough drove him to a gas station so she could withdraw $300 from her own account in order for Bachman to purchase a getaway car for Mazzaglia, although Bachman testified he used that money to buy drugs, too.

Bachman testified for roughly one hour before court adjourned for the day Monday afternoon. Monday, the fourth day of Mazzaglia's trial, also included the final portion of Roberta Gerkin's testimony, during which defense counsel frequently challenged Gerkin's memory.

Gerkin, a friend of Mazzaglia and McDonough, previously told investigators she had “tunnel vision” after seeing Marriott lying nearly nude and lifeless on the floor of Mazzaglia's apartment with a bag tied tightly over her head on Oct. 9, 2012, the night of Marriott's death.

Defense attorney Joachim Barth, during a cross-examination that was at times tense and sarcastic, said the “situation was compromising” Gerkin's “mental state and capacity to make detailed observations.” Gerkin denied those claims, which included remarks about her perception of remorse-less actions and statements made by Mazzaglia and McDonough.

“Actually, I believe it was enhanced,” said Gerkin. “It depends on your meaning of compromised. Was I being as logical as a human being could be in a situation like that? Probably. I wouldn't say that would be described as compromised.” Barth also repeatedly questioned Gerkin about inconsistencies between testimony she made last week and statements she gave to investigators days after Marriott's death.

Gerkin said Friday she was “shocked” that she was the only one who checked for Marriott's pulse the night of the incident. Barth pointed out on cross-examination Monday, though, that Gerkin told investigators that Mazzaglia as well as an acquaintance named Paul Hickok, who accompanied Gerkin to Mazzaglia's apartment, checked for Marriott's pulse while Gerkin was in the apartment.

“It simply is not consistent with your prior observations and experience,” said Barth, who at the beginning of the day unsuccessfully sought a mistrial due to what he said were inaccuracies in multiple police transcripts describing portions of the events. “So, it then calls into some question when you say something up here about how accurate it is.”

Gerkin defended her memory numerous times, even stating that there are inaccuracies in the transcripts because she is quoted as using words she doesn't understand. She admitted on the stand Monday, though, that portions of her testimony may not be as factually sound as the police transcripts because she can't remember other people's statements “verbatim” 1½ years after they are made.

Gerkin, who also emphatically said that her testimony has “absolutely not” been colored by the fact that she was at one point “angry” because she believes Mazzaglia tried to implicate her in Marriott's death.

The jury has been instructed that it will have to decide whether Mazzaglia killed Marriott by strangulation, or whether McDonough smothered Marriott to death during a sex act.

Prosecutors and defense attorneys said Mazzaglia and McDonough were involved with sadomasochist sexual activity, sometimes involving third parties. Prosecutor Peter Hinckley has said Mazzaglia strangled the UNH student from behind, before raping her and plotting to dispose of her body, her belongings and evidence. The prosecutor described Marriott as friendly and trusting when she agreed to go to Mazzaglia's apartment after an invitation by McDonough.

Hinckley has described McDonough as Mazzaglia's “sexually submissive slave” who was following his orders to find him a new “play thing” when she lured Marriott to her ultimate death. Barth has denied this characterization, painting McDonough as a “switch” that would be at times submissive and controlling of Mazzaglia. He has also said that it was McDonough who killed Marriott by placing her thighs around Marriott's head while Marriott was restrained.

Gerkin said Monday that Mazzaglia was “calm” that night. She also said Mazzaglia at a later time conveyed to her that Marriott died after Mazzaglia “blacked out” because he was “triggered” by remarks that Marriott made about partying and using marijuana. Gerkin told prosecutors that these remarks may not have been verbatim, although she said the words were based “off of what was said at the time.” “It's not unusual for Seth to speak in terms that were not in real terms,” said Gerkin. “They were amorphic, impressionistic. That was a typical conversation. Even if I could remember things verbatim, I don't think people could make any sense out of it.” Barth objected to this various lines of questioning from the prosecution on Monday, claiming that his “concern is it's all speculation from her.” The state countered with claims that the majority of the defense's cross-examination revolved around asking Gerkin to speculate about thoughts and actions Mazzaglia and McDonough did or didn't have or take.

In addition to questioning Gerkin about her own memory, Barth also attempted to use Gerkin to discredit McDonough's mental state in court on Monday.

Barth asked Gerkin to confirm a number of statements McDonough made to her in which McDonough described herself as “literally losing her mind” and that “gods” in her head were taking her memory away.

“She even made a statement that they can give them back to her if she needed it,” said Barth.

Gerkin said replied on the stand, “Again, I don't remember that specifically,” although she admitted that McDonough did convey memory issues to her in the days after Marriott's death. She also confirmed, at Barth's request, that in the moments before Gerkin and Hikock were led up to Mazzaglia's apartment, McDonough never screamed, never conveyed that she was in danger due to Mazzaglia, and never asked her to call authorities.

Mazzaglia is charged with two “alternate theory” counts of first-degree murder, one count of second-degree murder, two counts of hindering apprehension for murder, witness tampering, falsifying physical evidence and solicitation of escape.

Marriott's body has not been found.

McDonough pleaded guilty in July for her role in the case and was sentenced to 1½ to three years in prison in exchange for cooperating with investigators and her testimony during Mazzaglia's trial.

Bachman's testimony is expected to continue when the trial resumes on Tuesday.

Advertise

Original content available for non-commercial use under a Creative Commons license, except where noted.
seacoastonline.com ~ 111 New Hampshire Ave., Portsmouth, NH 03801 ~ Privacy Policy ~ Terms Of Service